Legislature(2021 - 2022)BUTROVICH 205
04/06/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB207 | |
| SB229 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 229 | TELECONFERENCED | |
| += | SB 207 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 229-STATE HISTORICAL ARTIFACTS; CRIMES
2:23:01 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 229
"An Act relating to misconduct involving confidential
information; relating to artifacts of the state; and relating to
penalties regarding artifacts or historic, prehistoric, or
archeological resources of the state."
2:23:23 PM
SENATOR HUGHES moved to adopt the committee substitute (CS) for
SB 229, work order 32-GS2541\I, as the working document.
CHAIR HOLLAND objected for discussion purposes.
2:23:45 PM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, explained the changes from Version A to Version
I of SB 229 on behalf of the committee.
SUMMARY OF CHANGES
(VERSION A TO VERSION I)
Change 1: Sections 1 7 of version A were deleted
Change 2: AS 41.35.200(a) and (b) were amended to add
a mental state and the federal reference in
(b) was updated. Subsection (f) was added to provide
definitions.
Change 3: A new crime of obtaining confidential
information to commit or aid in a crime under this
chapter was created (replaces section 1 of version
A).
Change 4: The crime of "posses, sell, buy, or
transport" historic, prehistoric, or archeological
resources is elevated to a class C felony.
Change 5: The definition of "artifact" was updated.
2:24:57 PM
SENATOR HUGHES asked whether members had a document that
reflects the summary of changes from Version A to Version I.
MR. KING responded he would provide the summary of changes
document.
2:25:26 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Version I was before the committee.
2:27:26 PM
JUDY BITTNER, Chief/State Historic Preservation Officer,
paraphrased the sponsor statement, Alaska Historical Commission,
Division of Parks and Outdoor Recreation, Department of Natural
Resources, Anchorage, Alaska, provided invited testimony in
support of SB 229. She stated the Office of History and
Archeology provides statewide historic preservation programs to
identify, document, study, evaluate, protect, restore, and
exhibit prehistoric archeological and historic sites and
buildings. The office works under state and federal authorities,
the Alaska Historic Preservation Act, and the National Historic
Preservation Act. SB 229 would amend the Alaska Historic
Preservation Act. The Act aims to enhance protections for
artifacts and prehistoric archeological sites to increase
criminal penalties for any violations.
2:28:33 PM
MS. BITTNER noted that the Department of Law proposed some
technical amendments, including clarifying the individual's
mental state when committing the crimes. It would also increase
penalties to add a class C felony for some offenses, while
others would remain at a class A misdemeanor.
2:29:37 PM
SENATOR KIEHL asked MS. Bittner to describe the problem that the
bill would solve.
MS. BITTNER responded that the department was concerned about
the vandalism, looting, transporting, and selling artifacts from
archeological sites. In addition, some people wanted to create
deterrent for trafficking archeological site artifacts. She
stated that it is challenging for law enforcement to prioritize
enforcing these misdemeanor offenses. She explained that many
artifacts have a high value so the department would like to
increase the penalty to a class C felony to serve as a
deterrent.
2:31:11 PM
SENATOR KIEHL asked whether people were opportunistically
grabbing things they found or if organized groups plan and
execute the looting of historical sites.
MS. BITTNER answered that people occasionally pick up an
artifact while hiking or beachcombing, which was not the
department's concern. Instead, the division is focused on the
systematic destruction of archeological sites and selling these
artifacts. For example, people take metal detectors to historic
sites, film themselves, post them on YouTube, and sell the items
on eBay or other internet sites. She stated that she had visited
historic sites where house pits were dug up, and people had
screened the soil to find artifacts to sell. Further, she noted
WWII historic landmarks where people either removed the airplane
or airplane parts, which are valuable. The division works with
federal agencies since the offenders are often on state and
federal land.
2:34:11 PM
SENATOR HUGHES wondered if this bill would apply if a person
went into a museum and removed an artifact, and if so, if it
increases the penalty for that crime.
MS. BITTNER stated that the division's authority does not extend
to museums. She surmised that those crimes would be considered
property theft. She highlighted that the bill relates to sites
in place, intact, or historic sites and buildings on state
lands. The Alaska Historic Preservation Act provides a provision
for permits required to remove artifacts. She highlighted that
sites are excavated, or historic buildings may be recorded or
removed, but that work must be done by permit. She noted that
the permit would stipulate directing those items to the state
museum or the University of Alaska Museum of the North for long-
term curation.
2:36:19 PM
SENATOR HUGHES asked if she could estimate the value and
frequency of any lost items occurring due to the state not
having harsher penalties.
MS. BITTNER answered that this looting happens frequently, but
the department seldom prosecutes. However, the division often
finds evidence of looting and works with federal agencies to
pursue cases. She reported that the Alaska State Troopers had
confiscated items at the airport from people removing WWII plane
parts without a permit. Another person had a survey but
collected a gun from a WWII site. In those instances, the
division confiscated the artifacts but did not prosecute the
individuals.
2:38:36 PM
SENATOR MYERS expressed concern that the definition of artifacts
in the bill was too broad. He offered his view that it was
possible someone could have the remains of a 1972 Buick on their
property. The definition in the bill says anything over 50 years
old is an artifact, so the Buick could go from an eyesore to a
historical artifact.
2:39:36 PM
MS. BITTNER explained that this bill relates to artifacts on
state land. DNR would go through an evaluation process to
determine historical significance. However, an old car would not
be considered historically significant solely due to its age.
2:41:05 PM
SENATOR MYERS said he understood, but he would suggest that the
definition should be narrower. For example, the definition might
say it was an object made by humans that has been determined by
the federal government or Department of Natural Resources (DNR)
to be historically relevant.
2:41:40 PM
SENATOR HUGHES asked if anything in the definition identifies
artifacts as items that are 50 years old.
MS. BITTNER answered no; it would remove items and artifacts of
historical significance fewer than 50 years old from
consideration.
2:42:46 PM
At ease
2:42:51 PM
CHAIR HOLLAND reconvened the meeting.
LAURA BOOMERSHINE, Special Assistant, Office of the
Commissioner, Department of Natural Resources (DNR, Anchorage,
Alaska, pointed out that the fiscal note referred to the
original bill, not the committee substitute (CS) for SB 229,
which is why there is a discrepancy between the 50-year-old
artifacts and the bill before the committee.
2:43:36 PM
KACI SCHROEDER, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law, Juneau, Alaska,
stated that the definition of an artifact must be read in
conjunction with the definition of historic, prehistoric, and
archeological resources. She referred to AS 41.35.230 and read:
(2) "historic, prehistoric, and archeological
resources" includes deposits, structures, ruins,
sites, buildings, graves, artifacts, fossils, or
other objects of antiquity which provide information
pertaining to the historical or prehistorical culture
of people in the state as well as to the natural
history of the state.
MS. SCHROEDER said that is the limiting language for the broad
definition of artifacts.
2:44:30 PM
CHAIR HOLLAND asked whether the Department of Law had a position
on SB 229.
MS. SCHROEDER stated that the department believes that the
committee substitute (CS) for SB 229 needs further work.
2:44:52 PM
SENATOR HUGHES noted that the bill relates to artifacts of
historical significance on state lands. She asked whether the
penalties would be more significant if the objects were stolen
from a museum.
MS. SCHROEDER agreed with Ms. Bittner that it would default to
Title 11, the criminal code. If someone broke into a museum, it
would be a burglary, and the person would be charged with theft
based on the item's value. For example, the person could be
charged with a class B felony. However, she noted that it would
be difficult to arrive at a monetary value for the item.
SENATOR HUGHES agreed. She wondered if those who auction a
historical item for $500 should be charged a more significant
penalty because of its historical value. She noted that if the
stolen item was not able to be recovered, it would result in a
loss. These historical artifacts are part of the identity of
Alaskans and are used to teach the next generation. She asked
whether the Department of Law could consider this and report to
the committee.
2:47:20 PM
SENATOR KIEHL asked why the department would not be able to
prosecute relatively good cases due to the level of the offense.
He commented that the department might need a budget increment
and not a bill.
SENATOR KIEHL referred to page 1, to Section 3. It would add
language about obtaining information classified as confidential.
He asked whether anything was in Alaska Historic Preservation
Act or other laws that govern the Office of History & Archeology
that would allow the office to designate information as
confidential, and if so, to identify the process.
MS. SCHROEDER deferred to Ms. Bittner.
MS. BITTNER answered that the department maintains an inventory
of Alaska's historical and archeological places, which is
restricted confidential data and not disclosed in public
information requests. The department has been discussing with
the Department of Law the department whether Section 3 is
needed. Although the Office of History and Archeology can manage
the confidential data without this language, the Alaska Historic
Preservation Act does not define confidential information
regarding historical items.
2:50:47 PM
SENATOR MYERS asked for the significance of switching the
reference to federal statutes from 16 U.S.C. 433 to 18 U.S.C
1866(b) in Section 2.
MS. SCHROEDER related her understanding that the reference was
repealed, so this merely updates the reference.
2:51:53 PM
CHAIR HOLLAND held SB 229 in committee.
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